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HomeMy WebLinkAbout442468 VULCAN INC - PURCHASE ORDER - 3212340 (2)PURCHASE ORDER PO Number Page -'-Of City OfCollins 3212340 z ��� Coll` ns This number must appear I on all invoices, packing `t slips and labels. Date: 03/20/2012 Vendor: 442468 Ship To: TRAFFIC OPERATIONS VULCAN INC CITY OF FORT COLLINS 410 E BERRY AVE 626 LINDEN STREET FOLEY Alabama 36536-1850 FORT COLLINS Colorado 80524 Delivery Date: 02/01/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Ordered Unit Price Extended Price 2 Addendum to PO 1 LOT LS 30,000.00 C3. O✓1.-.-a2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $30,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tows. Our Exemption Number is 1 I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Ccrtificate of Registry 94-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hercoC failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance nfor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe mammies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon reccipl of written purchaser to insist upon strict performance herenforany ofit, rights or remedies as to any such goods, regardless instruction., from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to be understood fl nt FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspecting procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcaner Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Uthe Purchaser directs the Seller to crust nonconforming or defective goods by a date to be agreed upon by the expected from the nczuat distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expediting., means available to it, and the Seller shall pry all costs rssoeimcd with Bach work. Permits Seller shall pmcurc at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality. territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of From Collins harmless from and against all liability and loss incurred by them by rear on of an ae coed or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics In this contract agree that the representatives am. in fact, bona fide and possess full and complete authority to bind ,raid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmrs and conditions annexed hereto or incorporated herein by reference. Any additional ordifferent terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchnsc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of anv delay, the Purchaser shall have, in addition to other legal and equitable mmodies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the -Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, .such acts of God, acts ofeivil or military authorities. governmental priorities, fires, strikes, flood, epidemics. ours or riots provided that notice of the conditions canning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3, WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order will condom with applicable drawings, specifications, samples and/or other descriptions given, will he 0t for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for stork of a similar nature. The Seller agrees to hold the purchacr harmless from any Ins,, damage or cxpcnsc which the Purchaser nary suffer or incur no account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any detects nr faults arising within no (I) ycar or within such longer period of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller after the date of acerynagce of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pumhaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may,make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specif,.fmax or drawings. by verbal or urine. change order. If nmv such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, geminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in propre. provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe galls and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stark. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days from the date the change or termination is orlc vd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumhawr hmrgd s fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lave. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Sellcrwamnts fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security, interest encumbmnces and claims of others. The Seller shall release the Puchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way. because such work is perforated or caused In he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to no: any design, device. material or process covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, cxpcnsc or damage which it may be obliged to pay by reason ofsuch infringement at any time during the punwcation or after the completion of the work. In case mid equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the nse of mid equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or parts replace the more with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Pmchasc, without liability. 16. GOVERNING LAW. The definitions ofucm%used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed underand governed by the laws ofthc State of Colomdo, USA. The following Additional Conditions npply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representzlive(s), on the premises of ushers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the m me is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erasion by the Seller. the Seller shall receive, unload, store and handle same rat the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefirs, to its employees employed on or in connection pith the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited in. contractual and automobile public liability insurance with bodily injury and death limit, of at Icast S300.000 for any one person. S500.030 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors empinycvs shall do any work open the prcrakv. of others, the Seller shall furnish the Purchaser with a certificate that such eonipenmtion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. Ions or injury of anv kind for nature ,h.t,., v, to persons or property caused by or resulting from the "motion ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect. omission or defnult on the pan of the Seller. any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agent, or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same of the Sellers own expense, to pay any and all costs, charges, attorneys fives and other expenses, any and all judgments that may be inatmd by or obtained against the Purchaser or any of it., or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without Iimitntion, the Occupational Safety and Hcalth Act of 1970 and all rules and mgulations issued pursuant thereto. Revised 03/2010